Northern Ireland: Post-primary Education

Lord Kilclooney: asked Her Majesty's Government:
	What is the time-scale for the introduction of the alternative to the 11-plus entrance examination to grammar schools; and whether they will honour the decision of most respondents to their consultation paper that the basis of this alternative should be academic excellence.

Baroness Amos: The remit of the Post-Primary Education Working Group explicitly requires it to take account of the responses to the consultation on the Burns report, including the diversity of views on academic selection. In providing advice on options for future post-primary arrangements, the working group will therefore have regard to the range of views expressed in all strands of the Burns consultation, including the household response form. The advice of the working group will be carefully considered before decisions are taken about the next stage of the review, including the development of any alternative transfer arrangements.

North/South Implementation Bodies: Appointment of Chief Executives

Lord Laird: asked Her Majesty's Government:
	On what date each chief executive of Cross-Border Implementation Bodies was appointed to his or her position since creation; on what date each received their contracts of employment; and, if any are still outstanding, why.

Baroness Amos: A model contract was agreed between the finance departments for chief executives of North/South Implementation Bodies. It was issued in February 2002 to the Sponsor Departments, to allow them to finalise individual employment contracts. The current position on each contract is set out below.
	
		
			   Body Date of appointment of Chief Executive Officer Date of receipt of contract or current position 
			 Special European Union Programmes Body 19 December 2000 Contract not yet signed 
			 Food Safety Promotion Board 2 April 2003 25 June 2003 
			 Lough Agency 26 September 2000 Contract not yet signed 
			 Waterways Ireland 29 January 2001 Contract not yet signed 
			 Irish Language Agency 25 January 2002 Contract not yet signed 
			 Ulster Scots Agency 14 April 2003 Contract not yet signed 
			 Trade & Business Development Body 27 October 2000 Contract not yet signed 
		
	
	Work is under way aimed at putting all of the necessary contracts in place.

East Belfast: Vacant Buildings in Government Estate

Lord Laird: asked Her Majesty's Government:
	What buildings which they own in East Belfast are currently vacant.

Baroness Amos: There are currently 14 buildings vacant in East Belfast Parliamentary Constituency. They are as follows: 1. The former Police Station adjacent to Stormont Castle. This is owned by the Department of Finance and Personnel. 2. The Department for Regional Development owns the following 12 buildings which are vacant:
	2 Finvoy Street
	25 Finvoy Street
	31 Finvoy Street
	15 Parkgate Avenue
	22 Parkgate Avenue
	26 Parkgate Avenue
	21 Barnett's Road
	17-19 Connswater Street
	35 Upper Newtownards Road
	62 Upper Newtownards Road
	64 Upper Newtownards Road
	68 Upper Newtownards Road 3. Ormiston House, which was purchased by the Northern Ireland Assembly Commission prior to the suspension of the devolved administration.

Northern Ireland: Police Overtime and Compensation Agency Payments

Lord Laird: asked Her Majesty's Government:
	How much was spent in Northern Ireland during the months of June, July, August and September in 1996 and 2003 on (a) police overtime; and (b) compensation claims.

Baroness Amos: The information requested by the noble Lord is set out in the tables below:
	
		Police Overtime
		
			 Month 1996 2003 
			  Amount £ Amount £ 
			 June 5,596,010 4,624,010 
			 July 4,587,604 3,844,210 
			 August 11,435,605 5,521,980 
			 September 6,489,178 4,768,115 
		
	
	
		Compensation paid by the Compensation Agency
		
			 Month 1996 2003 
			  Amount £ Amount £ 
			 June 5,810,881 5,466,663 
			 July 5,023,835 6,138,406 
			 August 3,599,580 3,061,599 
			 September 3,852,407 5,604,605

Committee on Standards in Public Life

Baroness Nicol: asked Her Majesty's Government:
	When it is expected there will be an announcement of new appointments to the Committee on Standards in Public Life.

Baroness Amos: The Prime Minister has appointed two new members to the committee.
	The right honourable Gillian Shephard DL MP takes up appointment as the Conservative party nominee in succession to the right honourable Lord MacGregor of Pulham Market OBE. Baroness Maddock takes up appointment as the Liberal Democrat Party nominee in succession to Lord Goodhart QC. Both appointments are for three years in the first instance.
	The right honourable Lord MacGregor of Pulham Market and Lord Goodhart are both stepping down from the committee on completion of their second terms of appointment. The Prime Minister would like to take this opportunity to thank them both for the valuable work they have undertaken on the committee over the past six years, and the significant contribution they have made to improving standards in public life.

Magistracy: Diversity

Lord Dixon: asked Her Majesty's Government:
	What action it is taking to improve the diversity of the magistracy.

Lord Falconer of Thoroton: At the beginning of October, I published a national strategy for recruitment to the magistracy, setting out my plans to increase the number of appointments as a justice of the peace, and to encourage applications from people with a wider range of backgrounds. In furtherance of the national strategy, I am now amending my directions to the committees which advise me on magisterial appointments. The committees are asked to achieve a Bench which is broadly representative of the community which they serve. Following advice from Royal Commissions in 1910 and 1948, political association has hitherto been used as an indicator of social class in seeking to achieve that balance. I am satisfied that the way people vote is no longer a reliable guide to social perspective and standing. I am therefore introducing a new system; applicants will identify themselves against occupational and industrial groupings, based on standard classifications used by the Office for National Statistics. I am also telling the committees that there need be no lower age limit for applicants who can show that they have the key qualities needed for appointment. Copies of the national strategy document and of the new application form, which sets out the occupation groupings categories, have been placed in the Libraries of both Houses.

Law Officers' Advice: Disclosure

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the answers by the Lord President on 13 October (HL Deb, cols. 600–01), whether the advice given to them by the Law Officers was disclosed to the courts and the public in the Factortame litigation; and, if so, what is the justification for disclosing such advice in the course of judicial review proceedings but not to Parliament.

Lord Goldsmith: The Law Officers' advice of 31 March 1987 was disclosed to the other parties in the Factortame litigation during the proceedings in the Divisional Court. The contents of the advice were set out by the court in its judgment of 31 July 1997 and thereby entered the public domain.
	The issue in the Factortame case was whether, by including provisions of the Merchant Shipping Act 1988 that breached the EC Treaty, the Government had acted in a way that was sufficiently serious to give rise to liability to pay damages. The Law Officers' advice was disclosed to the other parties in these proceedings because it was relevant to an issue to be decided by the court, namely whether the Government had acted in reliance on legal advice. This was relevant to the question of whether its breach was sufficiently serious to give rise to a liability in damages.

Law Officers' Advice: Disclosure

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the answer by the Lord President on 13 October (HL Deb, cols 600–01) whether the convention adhered to by successive governments that legal advice from the Law Officers is not publicly disclosed has been departed from; and, if so, in what circumstances.

Lord Goldsmith: The Government do not maintain records of occasions on which exceptions have been made to the convention against disclosure of Law Officers' advice.
	I am aware of only two cases in which Law Officers' advice was disclosed. In both cases, disclosure was made for the purposes of judicial proceedings. In 1993, Law Officers' advice relevant to the subject matter of the Arms to Iraq inquiry was disclosed to the Scott inquiry. The advice was published in an annex to the inquiry report. Law Officers' advice on the 1988 Merchant Shipping Act was disclosed to the other parties in the course of the Factortame litigation in which Spanish fishermen were seeking damages from the Government for a breach of Community law.
	I am aware of three other cases in which the views of the Law Officers on a particular matter were disclosed, but not the actual advice. In February 1971, the substance of the Law Officers' advice relating to the UK's obligations to supply arms to South Africa under the Simonstown Agreement was published in a command paper (Cmnd 4589). In February 1993, the views of the Law Officers' advice were disclosed in the debate in the other House on the Maastricht Treaty. In March this year I set out in a written answer a summary of my view of the legal basis for the use of force against Iraq.

Iraq: Legality of Armed Force

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the answer by the Lord President on 13 October (HL Deb, col. 601), what is the difference between the "views" of the Attorney-General on the legality of the use of armed force against Iraq and his "advice" on this subject.

Lord Goldsmith: In a Written Answer on 17 March in response to a question from Baroness Ramsay of Cartvale, I set out my views of the legal basis for the use of force against Iraq. This statement was a summary of my view of the legal position, rather than a detailed consideration of the legal issues. The statement was nevertheless consistent with my detailed legal advice. As the Lord President made clear in her reply of 13 October, there is a long-standing convention adhered to by successive governments, and reflected in paragraph 24 of the ministerial code, that legal advice from the Law Officers is not publicly disclosed. This is consistent with paragraphs 2 and 4d of Part II of the Code of Practice on Access to Government Information.

Nationality, Immigration and Asylum Act 2002: Litigation Costs

Earl Russell: asked Her Majesty's Government:
	What has been the cost to date to public funds of legal proceedings under the Nationality, Immigration and Asylum Act 2002.

Lord Goldsmith: Litigation services under the Nationality, Immigration and Asylum Act 2002 are provided to the Secretary of State for the Home Department by the Treasury Solicitor's Department. The cost of these services to 5 November 2003 is £303,414.12, excluding disbursements incurred but not yet paid. This does not include the costs of one small category of proceedings under the Act in respect of which no separate record of costs is kept.
	In so far as the noble Lord is also asking about the costs of legal aid in respect of proceedings under that Act, the Legal Services Commission does not record the expenditure by reference to individual Acts. I am therefore unable to provide a figure for such costs.

Crown Prosecution Service: Staffing

Lord Bradshaw: asked Her Majesty's Government:
	To what extent Crown Prosecution Service work is delegated to agency staff, and what action is being taken to bring this work in-house.

Lord Goldsmith: The Crown Prosecution Service (CPS) employs temporary agency staff to cover short-term pressures in workloads and to cover vacant posts whilst recruitment campaigns are under way. For these reasons, there will be a continuing need for temporary staff though the CPS seeks to keep its use of agency staff to the minimum.
	CPS staff numbers have increased significantly since March 2001. As permanent staff numbers have increased, the need for agency staff has reduced. The total expenditure on agency staff represented 1.23 per cent of total CPS staff costs in 2001–02 and was reduced to 1.04 per cent in 2002–03. The CPS is continuously undergoing recruitment drives in order to recruit permanent staff and as a result reduce agency costs.
	In addition the CPS also employs lawyer agents to work as advocates for the CPS in the magistrates' courts. In 2001–02, lawyer agents covered 124,000 sessions in the magistrates' courts out of a total of 414,000 (30 per cent) and in 2002–03, 120,000 sessions out of a total of 412,000 (29 per cent). The cost of employing lawyer agents to act as advocates for the CPS has reduced from £9.9 million in financial year 2001–02 to £9.6 million in 2002–03. Lawyer agents represented 4.03 per cent of total CPS staff costs in 2002–03. These figures do not include the use of counsel in the Crown Court.
	The CPS is increasing the number of its own higher court advocates and designated caseworkers and providing opportunities for development of its own staff through new training programmes including the Law Scholarship Scheme.

Iraq: Post-Conflict Risks

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 8 October (WA 62), whether the assessments issued by the Joint Intelligence Committees on Iraq prior to the conflict included an assessment of the risk of obstruction, resistance and armed opposition to the occupation of Iraq.

Baroness Symons of Vernham Dean: Joint Intelligence Committee intelligence assessments are exempt from disclosure under exemption 1(a) and 1(c) of Part 2 of the Code of Practice on Access to Government Information.

European Parliament

Lord Inglewood: asked Her Majesty's Government:
	Whether they will raise the question of the seat of the European Parliament in the Inter-governmental Conference and in particular whether it should move from Strasbourg to Brussels.

Baroness Symons of Vernham Dean: Given the heavy agenda of the IGC, we do not expect to be able to discuss the locations of the European Parliament buildings, although the current arrangements for the EP are far from ideal. Clear messages from the Parliament itself, however, about its wishes on the venue for the plenary debates can make a genuine contribution to the pressure for change.

Global Conflict Prevention Pool

Lord Hylton: asked Her Majesty's Government:
	How much of the £74 million budget for 2003–04 of the Global Conflict Prevention Pool has so far been spent or firmly committed.

Baroness Symons of Vernham Dean: Up until September 2003, £25.4 million of the Global Conflict Prevention Pool's total budget for the financial year 2003–04 (£74 million) has been spent. At present we anticipate spending the whole of the budget before the end of the 2003–04 financial year. Because funds are disbursed across a range of strategies (currently 15) information on commitment levels is not immediately available. I will write to the noble Lord with this information shortly.

UNDP: Small Arms and Demobilisation

Lord Hylton: asked Her Majesty's Government:
	What support they are giving to programmes of the United Nations Development Programme for collecting and destroying small arms and light weapons.

Baroness Symons of Vernham Dean: The UK is one of the main donors to the work of the United Nations Development Programme Small Arms and Demobilisation Unit with £7.5 million committed over the period 2001–04. This funding supports a global programme of weapons collection, stockpile management, capacity building and destruction within the context of disarmament, demobilisation, reintegration and community development.

Conflict Prevention and Peace Forum

Lord Hylton: asked Her Majesty's Government:
	How many and which United Nations agencies are taking part in the Conflict Prevention and Peace Forum; and what are the future plans of this organisation.

Baroness Symons of Vernham Dean: The Conflict Prevention and Peace Forum (CPPF) is a small think tank which was established in October 2000 to strengthen the knowledge base and analytical capacity of the United Nations system in the fields of conflict prevention and management, peace-making and peace-building by providing United Nations personnel with access to scholars, experts and practitioners outside the intergovernmental system.
	As an organisation, it has undertaken some facilitation of meetings with the UN Secretariat on issues that have on occasion included other UN agencies such as UNDP and UNICEF.
	In its work CPPF seeks to collaborate with an increasingly broad network of partner institutions that work on conflict prevention and peace building in regions of concern. Since its inception it has undertaken activities in areas such as Afghanistan, the Andes, Central Asia and South Eastern Europe. Full details of their activities can be found at http://cppf.ssrc.org.
	The Department for International Development (DfID) has allocated £1,050,000 in support of CPPF with funding from the Global Conflict Prevention Pool.

Export of Small Arms to South and Central America

Lord Hylton: asked Her Majesty's Government:
	Whether they have evidence that British-made or brokered small arms have been reaching Brazil or other central and southern American States; and whether the availability of such arms encourages gun crime.

Baroness Symons of Vernham Dean: We do from time to time approve licences for export of small arms to Brazil and other South and Central American States. We consider all applications for such licences carefully on a case by case basis taking fully into account the consolidated EU and national arms export licensing criteria.
	We also share the concern of the noble Lord about the links between small arms and gun crime in many countries including in South and Central America. In Brazil, we have been happy to contribute £786,000 to a project in support of the work of the Viva Rio NGO in the field of small arms issues. Working in some of the poorest parts of the city, this project aims to raise awareness of the issues in the community, and to collect and destroy small arms. In Peru we have contributed £500,000 to a project in support of the work of the UN Regional Centre for Latin America on this important problem. This project brings together police and law enforcement agencies across the continent to tackle trafficking of small arms through marking, tracing and safe disposal of such weapons.

British Citizens in Prison in EU

Lord Lamont of Lerwick: asked Her Majesty's Government:
	How British Embassies in the European Union can perform their consular functions in relation to United Kingdom citizens held in gaol when they have no centrally held information about the reasons why those citizens are being held.

Baroness Symons of Vernham Dean: Consular staff in European Union countries provide a consistent level of consular assistance to all British nationals who have been detained and have requested consular assistance, irrespective of the reason for their detention.
	Specifically, consular staff can give information on the local legal system and help detainees obtain a lawyer and receive money from family and friends. Our primary concern is to ensure the welfare of all British nationals detained abroad and our consular staff will take up any appropriate complaints or other serious difficulties with the local prison authorities.

British Citizens in Prison in EU

Lord Lamont of Lerwick: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 16 October (WA 133) that information about British citizens in European Union gaols can only be obtained at disproportionate cost, whether she will give a limited and less expensive Answer and update the table given on 6 June by specifying how many of those listed were subsequently released without standing trial.

Baroness Symons of Vernham Dean: I am writing to the noble Lord to explain that we do not maintain real time statistics on British prisoners held overseas, and that to update the Answer I gave on 6 June would be a significant burden on consular resources.

Mr Pierre Falcone

Lord Avebury: asked Her Majesty's Government:
	(a) What information they have received from the Angolan authorities about the diplomatic status of Mr Pierre Falcone; (b) whether they had received any request for information about his business activities by the French investigating magistrate; and (c) what inquiries they have made independently of any co-operation with the French judicial authorities about alleged illegal arms trading activities by companies registered in the United Kingdom or its dependencies by Mr Falcone or Mr Arkady Gaidamak, or in which either of them had a beneficial interest.

Baroness Symons of Vernham Dean: The Government have received no information from the Angolan Government about the diplomatic status of Mr Pierre Falcone, nor have we received any request for information about his business activities by the French investigating magistrate. We take seriously any allegations of illegal arms trading by companies registered in the UK. Investigations of such activities are a matter for HM Customs and Excise. Should evidence arise that offences were committed by any UK company, HM Customs and Excise will look into the matter.

Iraq: Governing Council

Lord Avebury: asked Her Majesty's Government:
	Whether they will promote changes in the membership of the Iraqi Governing Council, in consultation with representatives of leaders of the various communities, with a view to enhancing the confidence of the people of Iraq in the council.

Baroness Symons of Vernham Dean: The political process in Iraq, including membership of the governing council is a matter for the council. The governing council is committed to reporting the recommendations for a future constitution by 15 December 2003 under the terms of UNSCR 1511. Joan

Iraq: Constitution

Lord Avebury: asked Her Majesty's Government:
	Whether they consider that a permanent constitutional settlement in Iraq must include confirmation of the autonomy of the four northern governorates, including Kirkuk.

Baroness Symons of Vernham Dean: The Iraqi Governing Council (GC) appointed a Constitutional Preparatory Committee (CPC) in August to start the process of deciding a new Iraqi constitution. Following the CPC's report to the GC in early October and the adoption of UN resolution 1511, the GC has been tasked by the United Nations Security Council to report on the way forward and set a timetable by 15 December for adoption of a new constitution and elections. The relationship between Iraq's central authorities and its governorates will be addressed during this process, which is managed entirely by Iraqis for Iraq.

ECHR: Ratification of Protocol 4

Lord Lester of Herne Hill: asked Her Majesty's Government:
	How many member states of the Council of Europe have ratified the Fourth Protocol to the European Convention on Human Rights; and which member states have not ratified the protocol.

Baroness Symons of Vernham Dean: Thirty-seven member states of the Council of Europe have ratified Protocol 4 of the European Convention on Human Rights. They are as follows:
	Albania
	Armenia
	Austria
	Azerbaijan
	Belgium
	Bosnia and Herzegovina
	Bulgaria
	Croatia
	Cyprus
	Czech Republic
	Denmark
	Estonia
	Finland
	France
	Georgia
	Germany
	Hungary
	Iceland
	Ireland
	Italy
	Latvia
	Lithuania
	Luxembourg
	Malta
	Moldova
	Netherlands
	Norway
	Poland
	Portugal
	Romania
	Russia
	San Marino
	Slovakia
	Slovenia
	Sweden
	FYR Macedonia
	Ukraine
	The following four countries have not ratified Protocol 4:
	Serbia and Montenegro
	Spain
	Turkey
	United Kingdom and the following four countries have yet to sign this protocol:
	Andorra
	Greece
	Liechtenstein
	Switzerland

ECHR: Ratification of Protocol 4

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the explanation by the Baroness Chalker of Wallasey in a Written Answer on 12 November 1996 (WA 92) for the Government's decision not to ratify the Fourth Protocol to the European Convention on Human Rights, namely that "Her Majesty's Government believes that Article 3(2) of the Protocol could conflict with the United Kingdom immigration and nationality legislation by giving British Dependent Territories Citizens, British Overseas Citizens, British Subjects and British Nationals Overseas a right of entry to the United Kingdom that they no longer possess", no longer applies given that the Nationality, Immigration and Asylum Act 2002 has given these categories of British citizens a right of entry into the United Kingdom.

Baroness Symons of Vernham Dean: There is still conflict. The Immigration Act 1971 restricts the right of abode in the United Kingdom to British citizens and to a residual class of other Commonwealth citizens who had that right before 1983. The right to registration as a British citizen under Section 4B of the British Nationality Act 1981, as inserted by Section 12 of the Nationality, Immigration and Asylum Act 2002, is a conditional one. The individual must make an application to the Secretary of State and demonstrate that he possesses certain qualifications as specified in the Act. The requirements are that the applicant is either a British Overseas citizen, a British subject under the 1981 Act or a British protected person, and has no nationality or citizenship apart from the qualifying British status, and has not, since 4 July 2002, "renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality".
	British Nationals (Overseas) are entirely outside the scope of the provision.
	British overseas territories citizens—as British Dependent Territories citizens are now known—are also not covered by Section 4B. However, most of these were given British citizenship by the British Overseas Territories Act 2002.
	I should also mention, for the sake of completeness, that certain other provisions of the protocol may be incompatible with our arrangements for issuing passports and with Armed Forces discipline.

Zimbabwe: British Nationals

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 16 October (WA 132), whether the diplomatic protection they have given to United Kingdom nationals whose farms and other properties in Zimbabwe have been unlawfully seized, occupied or damaged is of the same level as that given by the Governments of Germany and the Netherlands to their nationals in Zimbabwe.

Baroness Symons of Vernham Dean: The British High Commission in Harare will provide assistance to any British national requesting it. The German and Dutch Governments have ratified a bilateral investment protection agreement with the Government of Zimbabwe. This gives them an additional basis on which to discuss issues on behalf of their nationals. The UK and Zimbabwe signed such an agreement in 1995, but this was not ratified by either side. Foreign and Commonwealth Office officials would be happy to discuss this issue further with the noble Lord, should he request a meeting.

EU Draft Constitutional Treaty

Lord Stoddart of Swindon: asked Her Majesty's Government:
	Which current treaties of the European Union relate to the proposals in the draft constitutional treaty for (a) a full-time President of the European Council; and (b) the appointment of a Minister for Foreign Affairs.

Baroness Symons of Vernham Dean: None. Both are new appointments, but their function will correspond to existing functions of (a) the rotating President of the European Council, and (b) the Commissioner for External Relations and the High Representative for the Common Foreign and Security Policy.

EU Draft Constitutional Treaty

Lord Stoddart of Swindon: asked Her Majesty's Government:
	Whether their opinion that the adoption of the draft constitutional treaty for the European Union would not alter the fundamental constitutional relationship between the European Union and its member states (Cm 5897) is consistent with the innovations proposed in the draft treaty, such as a full-time President of the European Council, the appointment of a Minister for Foreign Affairs, and the extension of Qualified Majority voting.

Baroness Symons of Vernham Dean: The Government do not believe that the proposals contained in the draft European Union constitutional treaty will lead to fundamental changes in the relationship between the EU and the member states, or alter the position of the member states as the fundamental basis of the Union.
	A full-time chair of both the European Council and a "Union Minister for Foreign Affairs" would be new appointments, but their functions will correspond to existing functions of (a) the rotating President of the European Council, and (b) the Commissioner for External Relations and the High Representative for the Common Foreign and Security Policy.
	The Government support the promotion of qualified majority voting as the general rule for legislative proposals. But the Government will insist that unanimity remains for treaty change, and in other areas of vital national interest.

Colombia: Human Rights

Lord Avebury: asked Her Majesty's Government:
	How they intend to monitor the performance by Colombia of its human rights obligations, as required by the United Nations Commission on Human Rights and incorporated in the Declaration of the London Meeting on International Support for Colombia in July 2003; and whether they will develop a public strategy for aligning their aid policy to specific performance of those obligations.

Baroness Symons of Vernham Dean: A working group of 10 representatives of the governments who attended the London Meeting on International Support for Colombia has been set up in Bogota to oversee follow-up action on the London Declaration. The group will work with civil society, the UN and the Colombian Government on preparatory work for a donors' co-ordination conference. The group will also monitor the Colombian Government's implementation of the UN recommendations.
	There are no plans to attach formal conditions to the provision of aid to Colombia, but we have made clear that our continued support was dependent on complete respect for human rights and international humanitarian law. I also refer the noble Lord to the Answer that my honourable friend the then Minister for International Development (Hilary Benn) gave on 26 June 2003, (Official Report, Commons, col. 940W). The Department for International Development is phasing out its bilateral programme to Colombia with the last project due to finish this year, but the department does provide support through the European Commission.

Colombia: Human Rights

Lord Avebury: asked Her Majesty's Government:
	What public statements have been made by Foreign Office Ministers during visits to Colombia or at international meetings about violations of human rights in Colombia.

Baroness Symons of Vernham Dean: During his visit to Colombia in May, my honourable friend the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Bill Rammell) spoke at the Euroamerica Foundation Conference. In his speech he raised our concerns about the human rights situation in Colombia. The London Declaration, which was issued following the London meeting on international support for Colombia on 10 July, reflected such concerns. The Minister also raised these matters with the Colombian Foreign Minister in the margins of the UN General Assembly in New York in September, after which he issued a press statement.

Colombia: Human Rights

Lord Avebury: asked Her Majesty's Government:
	Whether they will consult their European Union partners on a visa ban against Colombian officers implicated in human rights violations.

Baroness Symons of Vernham Dean: Any EU action would be taken on the basis of Article 15 TEU, and would therefore need to be agreed by unanimity among all member states. There are no plans for the UK to pursue this at this time. All visa applications for the UK are considered on their own merits and on the applicant's circumstances at the time. Proven involvement in criminal activity, including human rights abuses/violations, would have a bearing on the outcome of the application.

British Nationals Overseas

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	What is their estimate of the number of citizens of the United Kingdom who are normally resident:
	(a) elsewhere in the European Union, including the accession states; and
	(b) outside the European Union.

Baroness Symons of Vernham Dean: According to the latest information available to the Foreign and Commonwealth Office, there are approximately 15.5 million British Nationals living overseas, of which 2.3 million reside in the European Union, including the accession states.

Turkey: Human Rights

Lord Avebury: asked Her Majesty's Government:
	Whether they agree with the resolution adopted by the Governing Council of the Inter-Parliamentary Union at their meeting in Geneva on 3 October, in which they regretted the decision of the Turkish Court "not to grant bail to the four former MPs . . . who have already spent seven years in prison owing to an unfair judgment"; and if so, whether they will seek to ensure that this case is mentioned in the forthcoming report of the European Commission's Regular Report on Turkey's Progress towards Accession, in connection with Turkey's compliance with Copenhagen Principles.

Baroness Symons of Vernham Dean: FCO officials raised the case of the four former MPs with their Turkish counterparts as recently as 23 October 2003, at the latest round of the UK-Turkey Human Rights dialogue. It was clear from those contacts that the Turkish Government are determined that justice should be done in this important case, but that their own direct role also shows due regard for the independence of the judiciary in Turkey. Given the significance of these issues, we would expect them to receive appropriate coverage in the European Commission's next Regular Report.

Bermuda: Constitution

Lord Morgan: asked Her Majesty's Government:
	Whether progress has been made in consulting the people of Bermuda on the procedures to be adopted for considering future proposals for amending Bermuda's constitution.

Baroness Symons of Vernham Dean: Pursuant to my reply on 3 March 2003 to my noble friend Lord Campbell-Savours (Official Report, col. WA 78), the Governor of Bermuda has, on 2 November 2003, initiated a public debate in Bermuda on this subject, by publicising and distributing widely a consultation document seeking comments from political parties, organisations and interested individuals by 31 December 2003. Copies of this document have been placed in the Library of the House.

Gulf War 1990–91 Vaccines

Lord Morris of Manchester: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 9 October (WA 67), whether the Ministry of Defence is satisfied that the current study into the administration of anthrax vaccine, now being carried out at Porton Down, accurately replicates the intervals between doses as used in 1990–91 and the conditions under which the vaccine was given.

Lord Bach: An independent panel of experts oversees the Ministry of Defence funded Vaccines Interactions Research Programme being undertaken by the Defence Science and Technology Laboratory (Dstl), Porton Down. I assume this research programme is the study to which my noble friend refers. The purpose of this research is to establish whether combinations of vaccines, including anthrax, administered with and without pyridostigmine bromide, give rise to adverse health effects. The vaccinations Gulf veterans received, their timing, the environmental and other conditions pertaining at the time of administration varied and to replicate all of the different scenarios would be impractical. The research vaccination schedule attempts to reflect a valid "worse case". This research does not address the numerous other factors that have been suggested as possible causes or contributors to Gulf veterans' illnesses. To do so would have increased the size of the research programme considerably and confounded the interpretation of the results. The independent panel is responsible for ensuring that this complex, carefully controlled scientific research programme, conducted under laboratory conditions, is carried out to the highest scientific standards and that the aims of the research programme are fully addressed.

Defence Systems and Equipment Exhibition

Lord Hylton: asked Her Majesty's Government:
	Whether Hungary, Mexico, New Zealand, Poland, Russia and Syria refused invitations to the Defence Systems and Equipment International Exhibition; and, if so, what reasons they gave for not attending.

Lord Bach: The official overseas defence delegations from Hungary, Mexico, New Zealand, Poland, Russia and Syria declined an invitation to attend the exhibition. There is no requirement for delegations to provide reasons for not accepting invitations and no reasons were given.

Defence Intelligence and Security Centre Agency: Key Targets 2003–04

Lord Acton: asked Her Majesty's Government:
	What key targets have been set for the Defence Intelligence and Security Centre Agency for financial year 2003–04.

Lord Bach: DISC is the centre for Defence intelligence training in the UK. CE DISC is responsible for training authorised personnel in intelligence, security and information support disciplines and maintaining an operational capability. The key targets for the agency for the 12 months from April 2003 are:
	Key Target 1—Training Quantity
	To deliver, within the resources available, the quantity of training places agreed with Sponsors through the statement of training requirement (SOTR) process, and as endorsed by the customer executive board (CEB) and owner's advisory board (OAB).
	Key Target 2—Training Quality
	To set up a new process by which DISC can measure its training output in terms of quality.
	Key Target 3—Efficiency
	To reduce the current cost in real terms of delivering the average training place made available and to reduce the average cost of a man training day (MTD) successfully completed in financial year (FY) 2003–04.
	Key Target 4—Operations
	To satisfy the operational tasking of the defence de-briefing team (DDT) and the Field HUMINT Team (FHT).

Defence Geographic and Imagery Intelligence Agency: Key Targets 2003–04

Baroness Hayman: asked Her Majesty's Government:
	What key targets have been set for the Defence Geographic and Imagery Intelligence Agency for financial year 2003–04.

Lord Bach: The role of the Defence Geographic and Imagery Intelligence Agency is to provide imagery intelligence and geographic support to defence policy, operations and training; to meet customer requirements for imagery intelligence and geographic support in accordance with defence priorities; to maintain and develop agency capabilities and readiness in line with future defence requirements; and to become progressively more efficient, whilst improving the quality and delivery of its products and services. The key targets for the agency for the 12 months from April 2003 are:
	Key Target 1A—Operational IMINT Provision
	To satisfy operational requirements for imagery intelligence within timescales and to standards agreed between the agency and its customers, by satisfying at least 95 per cent of requirements overall, whilst delivering not les than 98 per cent of priority one tasks.
	Key Target 1B—Operational Geographic Support
	To satisfy operational requirements for geographic support within timescales and to standards agreed between the agency and its customers, by satisfying 100 per cent of the geographic products and services essential to support current and potential operations, both from the agency's UK-based operation and its deployable units.
	Key Target 2—Readiness
	To achieve the required levels of operational readiness in line with defence planning assumptions, whilst continuing to satisfy those deployable element outputs required under Key Target 1, maintaining agreed status of readiness as set by PJHQ for all contingency forces.
	Key Target 3A—Strategic and Contingency IMINT Provision
	To satisfy strategic and contingency requirements for imagery intelligence within timescales and to standards agreed between the agency and its customers, by providing at least 57 per cent of the requirements as set out in the imagery exploitation programme (IEP), while delivering not less than 92 per cent of priority one tasks.
	Key Target 3B—Strategic and Contingency Geographic Support
	To satisfy strategic and contingency requirements for geographic support within timescales and to standards agreed between the agency and its customers, completing at least 90 per cent of a customer endorsed programme of work for geographic products and services.
	Key Target 3T (Transitional)—Measurement of Geospatial Provision
	To develop improved mechanisms for the measurement of geospatial provision which enable effective evaluation of output efficiency. Definition of output measurement mechanisms for geospatial provision which enable a baseline for output effiency to be quantified during FY 04–05.
	Key Target 4—Improvement in Geographic Information Holdings
	To demonstrate a further 1 per cent improvement in the coverage of geographic information holdings resulting in at least a cumulative 4 per cent improvement on the baseline established in 1999, and to ensure that the quality of the collection achieves the level of readiness agreed with customers. This will be demonstrated by Maintaining the MoD Map Library collection at the agreed level of readiness and achieving a further 1 per cent improvement in coverage of geographic information holdings.
	Key Target 5T (Transitional)—Output Efficiency
	To define mechanisms for the measuring of output efficiency that encompass all key areas of agency business, which will enable a baseline for output efficiency to be quantified during FY 04-05.

Future Command and Liaison Vehicle

Baroness Gould of Potternewton: asked Her Majesty's Government:
	What progress has been made in awarding the contract for the Future Command and Liaison Vehicle.

Lord Bach: We are pleased to announce that the Ministry of Defence has today signed a contract worth £166 million (including VAT) with Alvis Vickers Ltd, for the manufacture of the Future Command and Liaison Vehicle (FCLV).
	On 17 July we announced that the FCLV would be deployed with the RAF Regiment and that the contract value would be worth over £200 million. Ongoing work on armoured fighting vehicle rationalisation has led to a review of the initial requirement for vehicles. Consequently, we have revised the size of the initial procurement of FVLV whilst retaining the option to procure additional FCLV at a later date. The RAF Regiment will no longer receive vehicles from the initial fleet of FCLV and the contract value of the initial work has been revised.
	The FCLV will perform the command and liaison role and replace the ageing and disparate vehicle fleet within the manoeuvre support brigades comprising elements of the 430 Series, Saxon, Land Rover and Combat Vehicle Reconnaissance (Tracked) fleets. From its planned in-service date of 2006, the FCLV will provide levels of crew protection and mobility commensurate with their roles in an increasingly extended ground manoeuvre area. It will offer protection against small arms, blast and anti-personnel mines. Those in the direct fire zone will contain a self-defence weapon (SDW) that can be operated under armour to provide suppressive fire and surveillance and target acquisition (STA) system will be provided to enhance situational awareness, reconnaissance, targeting and reporting. The vehicle has been selected to deliver the solution to the Armed Forces' requirement for enhanced speed, reliability, flexibility and protection for a wide range of users in combat or peacekeeping operations.
	The award of this contract to Alvis Vickers Ltd is excellent news for both our Armed Forces and the defence industry. It will sustain approximately 35 highly skilled jobs at the Alvis Vickers Ltd facility at Telford, and a further 25 within other UK companies. This is the culmination of work conducted by both the MoD and industry, and is a good example of the principles of Smart Acquisition being put into practice. It is incumbent on the MoD and industry to work together to ensure that our Armed Forces have access to the right equipment, in the right quantities, at the right time and at the right price.

Older People: Social Research Projects

Lord Dholakia: asked Her Majesty's Government:
	What the Department for Work and Pensions is spending on research on older people; and whether the department has undertaken specific research on black and ethnic minority elderly people.

Baroness Hollis of Heigham: The total spend by the department on current— that is, ongoing— social research projects on older people is £1.4 million. This includes research about issues related to those aged over 50.
	In addition, the total amount to be spent on social research projects on older people that are agreed by Ministers and waiting to be commissioned is estimated to be £665,000.
	The department has also committed a total of £975,000 between 2000–05 on the English Longitudinal Study of Ageing, a large scale survey of people aged 50 plus, funded jointly with other government departments.
	In December, the department will be publishing findings from a research project called delivering services and benefits to black and minority ethnic older people. This is a large-scale qualitative study examining the barriers to take-up of benefits and service delivery preferences among older people from different black and minority ethnic groups. The department is developing a series of actions to be taken forward that builds on the findings from this research.

Employment Act 2002: Section 30

Lord Wedderburn of Charlton: asked Her Majesty's Government:
	When they expect to bring into force Section 30 of the Employment Act 2002; and whether they will publish the reasons for not already having done so.

Lord Sainsbury of Turville: The Government are consulting on this point now and our conclusions will be published in the government response to consultation, once all views put to us have been considered.

e-Mails and Information Security

The Earl of Northesk: asked Her Majesty's Government:
	Whether they have any proposals to address the problem of home and small business computers in the United Kingdom with broadband connections which are "hijacked" as spam relays.[HL5005]Joan

Lord Sainsbury of Turville: The Privacy and Electronic Communications (EC Directive) Regulations 2003 makes it a requirement not to send commercial e-mail which disguises or conceals the identity of the person on whose behalf it is sent or does not provide a valid address to which a request that communications cease may be sent. These regulations come into force on 11 December 2003. But in any case the modification of any computer system without the owner's permission is likely to be covered by the Computer Misuse Act 1990. My right honourable friend the Home Secretary is currently looking to update the CMA. For some years the DTI has sought to increase awareness of information security, particularly among smaller businesses. One particular initiative to help such companies was announced earlier this year by my right honourable friend the Secretary of State for Trade and Industry. This is an online resource offering easy to understand advice and assistance on information security. This resource can be found at www.ukonlineforbusiness.gov.uk/informationsecurity.

Small Businesses

Lord Taylor of Warwick: asked Her Majesty's Government:
	In view of their wish to encourage more entrepreneurship and business start-ups, why the number of small business closures rose by more than 5 per cent last year.

Lord Sainsbury of Turville: The number of businesses that registered for VAT increased, from 174,600 in 2001 to 175,800 in 2002.
	The reason why deregistrations have risen is not clear.

Employment Equality (Sexual Orientation) Regulations 2003

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Sainsbury of Turville on 1 July (WA 95), whether they will place in the Library of the House the response from the 16 faith groups who submitted responses on the draft Employment Equality (Sexual Orientation) Regulations 2003 and sought amendments to ensure that religious organisations could continue to comply with doctrinal requirements or strongly held religious beliefs of their followers.

Lord Sainsbury of Turville: We received over 600 responses to our consultation on the draft Employment Equality (Sexual Orientation) Regulations 2003 and on the draft Employment Equality (Religion or Belief) Regulations 2003. Those responses covered a range of issues, including the need for religious organisations to be able to continue to comply with doctrinal requirements or strongly held religious beliefs of their followers.
	As part of the response form, respondents were asked to indicate whether they were content for their responses to be made available under the Code of Practice on Open Government. Responses from those who indicated they were willing for these to be made available publicly can be inspected at the Department of Trade and Industry. We have no plans to place any of these responses in the Libraries of the House.

Mineworkers' Pension Scheme

Baroness Turner of Camden: asked Her Majesty's Government:
	Whether the miners' pension scheme is slipping into deficit; if so, why they continue to deduct significant sums from the scheme; and whether, in the circumstances, the 1994 deal should be revised.

Lord Sainsbury of Turville: The results of the latest actuarial valuation of the mineworkers' pension scheme (MPS) have revealed a deficit. However, under the terms of the current guarantee arrangements over £350 million of government money has now been transferred from the investment reserve, a sub-fund in the scheme, to the main fund in the scheme to ensure members' guaranteed benefits are paid. The Government have also agreed to MPS members continuing to receive inflation linked increases to their total pension—basic pension plus bonuses—over the next three years.
	The government guarantee ensures that miners' pensions as at privatisation will always rise in line with inflation and never fall in cash terms even if, as now, there is a significant deficit in the scheme. In exchange for the guarantee, the Government receive a 50 per cent share of any scheme investment surplus created by past valuations. The other 50 per cent of surpluses is available for the trustees to distribute to members and has meant that members have, over the years, received bonuses totalling around 30 per cent.
	Against the background of large falls in world stock markets, which have had a major effect on investment performance as highlighted by the deficit in the MPS, the trustees have been advised that the Government do not feel it would be right to change the current arrangements which provides such an unprecedented degree of security for scheme members.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether they agree with the decision of Oftel to revise their definition of "broadband" by dropping the requirement that Internet connections should be capable of delivering real-time video content; and, if so, what is the rationale underpinning this decision.[HL5172] Joan

Lord Sainsbury of Turville: Oftel is an independent regulator, which has to decide for itself how to define a market so as best to fulfil its responsibilities.
	Oftel published a consultation on the narrowband Internet market in August 2003. This provisionally concluded that asymmetric broadband Internet access is in a separate market from narrowband Internet access.
	This revised definition takes account of responses to earlier consultations and Oftel's own consumer research which shows that people do not see real-time video content delivery and 256kbps as the defining feature of broadband (as previously set out in an earlier consultation by Oftel, published in April 2003). This is an economic definition for the purposes of the market review, which conforms to established principles of competition law methodology. It does not affect the range of services available to consumers at different bandwidths.

Broadband

The Earl of Northesk: asked Her Majesty's Government:
	Whether the definition of broadband as an expression of data transfer speed in (a) Germany, (b) Sweden, (c) Spain, (d) Japan, (e) South Korea, (f) Australia, (g) the United States and (h) Canada differs from that in the United Kingdom; and, if so, how.

Lord Sainsbury of Turville: The Government do not keep information on other countries' definitions of broadband in terms of data transfer speeds. However, in their own analysis of the United Kingdom's relative position in the G7, they use the same definition to apply to all countries.

Universities: Funding

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What is the average rate of funding per student at British universities; and how it compares (adjusted for inflation) with the average rate of funding 10 years ago.

Baroness Ashton of Upholland: Scotland and Wales are devolved administrations. The information for higher education institutions in England is shown in the table below:
	
		Unit funding per students £s real terms
		
			  HE 
			 1993–94 6,170 
			 1994–95 6,000 
			 1995–96 5,740 
			 1996–97 5,360 
			 1997–98 5,200 
			 1998–99 5,200 
			 1999–2000 5,190 
			 2000–01 5,130 
			 2001–02 5,170 
			 2002–03 5,170 
		
	
	The Government made a commitment in the 2000 spending review to increase the funding per student from 2001–02. As a result of the 2002 spending review publicly planned spending per FTE in higher education will rise by 7 per cent in real terms between 2002–03 and 2005–06. Information for Northern Ireland is not available on a comparable basis.

Universities: Funding

Lord Lester of Herne Hill: asked Her Majesty's Government:
	How funding levels for British universities compare with funding levels for state and private universities in the United States.

Baroness Ashton of Upholland: The publication Education at a Glance for 2003 reports expenditure per tertiary student in the USA of 20,358 US dollars and 9,657 US dollars for a student in the UK in 2000. The figures include both public and private expenditure. The relative proportions of public to private expenditure at tertiary level in 2000 are 67.7:32.3 for the UK and 33.9:66.1 for the USA.

NHS Hospitals: Clinical Research Support

Earl Howe: asked Her Majesty's Government:
	Whether they will review the current system of support for academic research in National Health Service hospitals, in particular the effect of the Culyer levy on certain teaching hospitals outside London; and, if so, when.

Lord Warner: Issues about future support for clinical research have been raised in the recent report from the Academy of Medical Sciences, Strengthening Clinical Research, and also in a report to government from the Biosciences Innovation and Growth Team to be launched later this month. The Government will be considering their response to both reports.